Page:Brief for the United States, Wong Sun v. United States, 371 U.S. 471 (1963).djvu/12

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only as "Sea Dog" (R. 90, 94). Petitioner Toy informed the agents, at about 10:30 a.m., that the person known to Yee as "Sea Dog" was petitioner Wong Sun. Toy went with the agents to identify Wong Sun's residence (R. 90, 95).

At Wong Sun's residence, at a little after 11 a.m. on June 4, agent Alton Wong rang the door bell. When a lady opened the door, he entered and asked for Mr. Wong. At this time Betty Wong appeared. Agent Wong identified himself as from the Federal Bureau of Narcotics. Agent Casey, who followed him in, addressed Mrs. Wong as "Betty" and asked her where Wong Sun was. She informed him that he was in the back room sleeping. Agent Casey then arrested Wong Sun, and the premises were searched (R. 96–99).[1]

D. The Subsequent Confessions by Petitioners

Although the record does not contain the information, the fact is that petitioner Toy was arraigned before the Commissioner on June 4 and petitioner Wong Sun on June 5. Each was released on his own recognizance. On June 9, each of the petitioners was interviewed separately by an agent at the Bureau offices.[2] Each was told of his right not to answer

  1. Wong Sun and his sister-in-law testified on voir dire that the arrest was made after an entry by asking for another person and while Wong Sun and his wife were in bed asleep (R. 81–89). Wong Sun stipulated that he had previously been convicted of a narcotics felony (R. 89).
  2. The agent testified, as to Toy, that he "spoke with" Toy, also, on the 5th of June, "I believe" (R. 67). The statement of Toy bears, in the heading, the notation that it was "taken on June 5, 1959."